Auto Accident Can i be sued for injuries?

What is the name of your state (only U.S. law)? NEW YORK

I rear ended a suv trying to merge from the left most lane to the right lane. The suv was not moving at the time and was behind a construction vehicle closing off the left lane. I was driving about 50-55 mph, saw the car and started braking. But my brakes failed me. I crashed into the suv and the suv hit the construction vehicle. Air bag deployed on my car. Everybody came out and was alright. The construction worker asked if we needed an ambulance and both parties said no. No ambulance arrived. Cops and firemen soon came after took statements and said the 'he is just glad that everyone is alright'. Now I am getting sued by both the construction workers and the suv. Can they sue me for injuries? Everybody was fine as they came out of the car.

injuries aren't always apparent at the time of the accident.

And exactly how did your brakes "fail"?

So i can be sued?

Im not sure how my brakes failed to this day. I had my foot all the way down on the brakes. possibly my abs not turning on? It did rain a few hours before the accident so it is possible that my brakes locked up and i slid into the suv. But regardless, is it possible for me to get sued for their injuries? I was with them for a good 3 hours after the accident and they were perfectly fine.

deppinc said:

But regardless, is it possible for me to get sued for their injuries? I was with them for a good 3 hours after the accident and they were perfectly fine.

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don't take this as absolutely correct but from what I understand about NY insurance is; unless the other party sustained a "serious injury" they would seek injury coverage from their own insurer. New York defines a serious injury as:

(d) "Serious injury" means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

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I would doubt, based on your explanation of the occupants of the other car that they have sustained such an injury.

Now, to the construction workers: I am not clear on whether they were in their vehicle and if so, was it actually being driven. Unless it was being driven, I believe you would be liable for their injuries.

Have you alerted your insurance company of the suits?

are the suits for the personal injuries or damage to their vehicles?

deppinc said:

So i can be sued?

Im not sure how my brakes failed to this day. I had my foot all the way down on the brakes. possibly my abs not turning on? It did rain a few hours before the accident so it is possible that my brakes locked up and i slid into the suv. But regardless, is it possible for me to get sued for their injuries?

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Yes, you can be sued.

You mean you're not sure your brakes failed at all that day. Seems like they didn't.

You don't sound like you know your car very well. Do you know what ABS feels like when engaged? Even if your ABS failed that would not affect your ability to stop.

It's "possible" that your brakes locked up? You don't know? How long have you been driving?

Your brakes didn't fail, YOU failed to use them soon enough.

Yes, if anyone was injured enough to meet the serious injury threshold in new york, you can be sued. That is not impossible or even that unlikely if you were going that fast when you hit them. It is very common for injuries to not manifest for a day or so after the accident, sometimes even longer. But if you have insurance, you're covered, so you don't have anything to worry about.

I wasn't speeding and I still hit the suv at like 50mph. I know I used them with enough time to stop. I know I was using the brakes because i used my right foot to push onto the brakes while keeping me against my seat right before the impact. I did not fail to use the brakes. I also know what happens when ABS is engaged. I know what i did. But i'm not here to debate about weather or not I was at fault. Thanks for the free advice that you guys gave me it was helpful. Much appreciated!